This past Wednesday, a federal appeals-court overruled a lower court ruling that said the city could not prevent groups from feeding the homeless in the city parks. The court ruled that the law does not violate the First Amendment under Florida law. This overturns the 2008 ruling wherein a federal judge had ruled in favor of the homeless and their advocates in a decision that claimed that the law violated the homeless advocates constitutional right to free speech.

Orlando Food Not Bombs, a plaintiff in the case, had asserted that its meals expressed an explicit message to observers that society had to take care of and feed its homeless. But the court’s decision on Wednesday found that the feedings were not expressive enough to constitute a perceptible free-speech claim. Per the First Amendment Center, the court held that “a party asserting a free-speech claim based on expressive conduct must establish (1) the intent to convey a particularized message and (2) that a reasonable observer would understand the message.”

Additionally, the court wrote, “We accept that Orlando Food Not Bombs had the requisite expressive intent, but we believe that the feedings in this case present at most an ambiguous situation to an objective reasonable observer,” the appeals court wrote. “Just feeding people in the park is conduct too ambiguous to allow us to conclude that a great likelihood exists that an objective reasonable observer would understand that the feeders are trying to convey a message.”

The court also denied the free-exercise claim brought forth by Orlando Food Not Bombs by stating that the law was neutral in that it applied to any general group, not just Orlando food Not Bombs, as such they were able to use a “rational basis” standard to review the law wherein the court decided that “the city’s interest in reducing overall wear and tear on its parks was rational.” If that is the case why not require permits for those 25 people to be in the park walking around—oh wait you can’t do that but you can stop us from feeding them. Why not create permits for everyone who just wants to come in the park if “wear and tear” is your “rational concern?”

Orlando Food Not Bombs is, of course, asking for a rehearing of the case, in the meantime the members vow to continue feeding the homeless.

While the ordinance will not take effect for 20 days, once it does Orlando Food Not Bombs and other homeless advocacy groups will not be able to legally feed those most in need.

The major complain seems to be that those living or working near the parks don’t like seeing all those homeless people standing around eating and breathing as if they were real people. Most seem to wonder why the homeless aren’t fed indoors instead of outside—for the advocacy groups the answer is simple—the parks are free and open to the public so why buy or rent space? As for the city, it has already spent $40,000 appealing the case so it could have rented or bought a pretty inexpensive place to feed the homeless, but I guess the city would prefer to just fight to see if we can become the meanest city for the homeless.

Advocates for the homeless decry the law and the ruling:

“We take the position that the right to food is a basic human right,” said Karen Cunningham, legal director at the National Law Center, which had filed a brief supporting opponents of the restrictions. “More people will undoubtedly go hungry, even though there are churches and other organizations willing to share food with them. Particularly in this difficult economy, restricting people’s ability to help is just a terrible response to the community’s discomfort with the homeless.”

Migdalia Pagan, founder of New Vision Ministry, which also feeds homeless people at Lake Eola, was more blunt: “They’re always trying to find a way to close the doors on the people who want to do something for the homeless,” she said. “If you don’t want us to feed the homeless in the park, then donate a building, Orlando, so we can take care of the homeless and get them off the street.”

“What ever happened to freedom of assembly?” asked Bruce Shawen, a homeless activist and Navy veteran who lives in a camp in the woods. “It’s unfortunate that the city of Orlando views it as an us-vs.-them situation, like we’re the enemy. What these feedings do is give people a sense of hope, a sense that someone cares about them.”

People need to realize that homelessness is a civic reality that cannot be ignored or simply moved out of the park. Laws such as this dehumanize the homeless and foster the attitudes that allow people to feel that it is okay to mistreat or even be violent towards the homeless. Unfortunately, the homeless are essentially invisible, and when they are noticed they are reviled, ignored and deeply misunderstood. This dehumanization is probably best exemplified by the “bum fight” videos prevalent on YouTube. In these videos “bums” are forced to fight in matches orchestrated by their captors. If a single video of this nature existed for any other religious or minority group the national outcry would be instantaneous. The clarion call would go out for government action. Instead, “bum fights” can be found on the internet or, for collectors, on DVD. Maxim Magazine even ran an article entitled “Hunt the Homeless.” Imagine if that said “Hunt the _____(insert race, religion, etc).”

We need to be aware of the many causes of homelessness other than drugs or alcohol:

Unemployment

Family break-ups

Domestic violence

Physical and mental disabilities

Health problems and related costs

We need to be aware of the populations that are at risk of becoming homeless including:

Single women with children

Families with poverty level incomes

Youth aging out of foster care

Persons being released from correctional facilities

Women and Children escaping domestic abuse

Persons with severe and persistent mental illness.

We need to be aware of who the homeless are:

40% of all homeless people are families

60% are single adults

8% are elderly persons over 62 years of age

23% are children age 18 or younger

17.3% are military veterans

In 2009 alone, there were nearly 50,000 filings for foreclosure in Florida–up 70% over 2008. Because of this nearly 50% of the people who are homeless are experiencing homelessness for the first time ever. Those who have experienced four or more episodes of homelessness in their lives make up just over one-fourth of the total homeless.

The anti-feeding law does nothing to resolve the true issue at hand…how to feed and help those in need. As U.S. District Judge Gregory Presnell stated in 2008, “How does moving the problem around address any legitimate public interest?” Presnell said. “You’re not solving the problem, just moving it around and perhaps making it worse.”

As a disclaimer, I should state that I used to volunteer with D.C. Food Not Bombs a decade or more ago so I have a special affinity for what Orlando Food Not Bombs is doing, but my knowledge of the organization doesn’t cloud my judgment as much as it simply makes me more sure that we should unite in solidarity to share in the vulnerability of those less fortunate and help foster a new social reframing of homelessness and poverty as part of a broader vision of a new social contract.

I once heard a society’s morality is best measured by how it treats its most vulnerable. If this report is any indication, our society is not measuring up.

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272 comments

A friend in Daytona Beach said "so that's why so many more homeless are moving to Daytona Beach; they have the Coalition, the Y and various programs". Yes, I said, but who knows if this will now go to areas like Daytona Beach. All I choose to focus on is Jesus Christ's directive to feed the hunger and help the poor; I'm not going to think beyond that right now. Perhaps some folks who financially help some of these organizations can help them pay for the expensive permits?

Shame on you, Orlando, Florida, for treating human beings like that! Most become homeless through no fault of their own; it could happen to you. All humans are equal but different. Such an attitude is revolting to humankind! Your country was created by GOD FEARING CHRISTIANS! What is wrong with you? I will certainly never visit such a cold-spirited place, and I shall advise every one I know to stay away from a place that LACKS HUMANITY towards it's own kind!

31 The Son of Man will come again with divine greatness, and all his angels will come with him. He will sit as king on his great and glorious throne. 32 All the people of the world will be gathered before him. Then he will separate everyone into two groups. It will be like a shepherd separating his sheep from his goats. 33 He will put the sheep on his right and the goats on his left.

34 Then the king will say to the godly people on his right, Come, my Father has great blessings for you. The kingdom he promised is now yours. It has been prepared for you since the world was made. 35 It is yours because when I was hungry, you gave me food to eat. When I was thirsty, you gave me something to drink. When I had no place to stay, you welcomed me into your home. 36 When I was without clothes, you gave me something to wear. When I was sick, you cared for me. When I was in prison, you came to visit me.

37 Then the godly people will answer, Lord, when did we see you hungry and give you food? When did we see you thirsty and give you something to drink? 38 When did we see you with no place to stay and welcome you into our home? When did we see you without clothes and give you something to wear? 39 When did we see you sick or in prison and care for you?

40 Then the king will answer, The truth is, anything you did for any of my people here, [a] you also did for me.

They should oppose this on First Amendment grounds, but use freedom of religion instead of freedom of speech.

US Constitution - Amendment I:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Congress shall make no law prohibiting the free exercise of religion. There are limits, but I'd love to see ANYONE argue in court against obeying the bible in support of this law.

JESUS said to feed them or you burn for eternity. Not some disciple, but JESUS (read it below).

Matthew 25:

31 The Son of Man will come again with divine greatness, and all his angels will come with him. He will sit as king on his great and glorious throne. 32 All the people of the world will be gathered before him. Then he will separate everyone into two groups. It will be like a shepherd separating his sheep from his goats. 33 He will put the sheep on his right and the goats on his left.

34 Then the king will say to the godly people on his right, Come, my Father has great blessings for you. The kingdom he promised is now yours. It has been prepared for you since the world was made. 35 It is yours because when I was hungry, you gave me food to eat. When I was thirsty, you gave me something to drink. When I had no place to stay, you welcomed me into your

Nelli K A, only someone who never have been homeless can utter such demeaning words about your neighbors and friends. What says homelessness doesn't happen to anyone? Being layed off from work, losing ones family or running from an abusive husband are some of the reason why people end up in line at the soup kitchen. If you really think begging and being forced to sleep in a room with 40+ other people are such a nice thing, maybe you should aspire to join them?

But this brings up the real issue. Feeding them or digging in and trying to fix the problem that made them homeless in the first place. How about give them a building to house, feed and give them occupation therapy and training? This is why I am so OUTRAGED right now. I hear so much about handling the SYMTOMS of PROBLEMS but no SOLUTIONS TO WHAT CAUSED THE PROBLEM!!!!

Great article. It's sad how people can be so cruel. Some homeless might have been like us one time, perhaps rich and better off. But when something happens, you can be homeless in an instant. Put yourself in a homeless person's shoes. It hurts.... Homeless should be fed and treated well.

in Florence italy we have exactly the same problem, and, moreover, we have also an invasion of pidgeons, well, wouldn't it be easier and quicker to shoot them both

in florence, italy, we have the same problem, moreover we are invaded by pidgeon too. wouldn't it be easier and quicker to shoot them both? I ' m,of course, sarcastic, but I really get crazy with people like yours and mine, that fight againt abortion, euthanasia ecc..., and than are all the time "pregnant" with hate and such brilliant solutions for everithing which is not, to their eyes, proper and clean, like a spot of a good cleanser for kitchen and bathroom.